Weisshaus v. New Orleans Ry. & Light Co.

Citations

• 124 La. 549
• 50 So. 540
• 1909 La. LEXIS 496

Syllabus

<p>Street Railroads (§ 90*) — Injuries to Persons on Track — Duty oe Motorman.</p> <p>It is the duty of a motorman in charge of an electric car, moving it up a narrow street, (o guard against running it upon vehicles on the track directly in front and in full view of him. He should exercise the greatest prudence and caution to avoid inflicting injury. He has the vantage ground over the parties in front, in knowing the exact situation and condition of affairs ahead of him. He would have no right to take advantage of even tardy action on the part of a driver of a wagon in removing it from the track, to run into and crush it. He should use every exertion to save the situation and enable the vehicle to be placed in a position of safety. The motorman in this case was greatly at fault. The plaintiff was not in the least decree blamable. He was at the time of the accident driving jus covered wagon heavily loaded with charcoal slowly up Laurel street — a narrow street with, a railway track upon it, planked between the rails, and with very little space outside of the rails to the curbing of the gutter. The horse was on the planks; the wagon itself mostly upon it. It was rightfully occupying the track when one of defendant’s cars, in charge of a motorman, moving at full speed, ran into it without warning from the rear, breaking the wagon and painfully injuring the plaintiff. The wagon did not go upon the track just before the car reached .the spot, suddenly, and too late for the motorman to stop the car. It was partly on the track all the while.</p> <p>(Syllabus by the Court.)</p>